Technical Barriers to Trade FAO Regional Workshop on WTO Accession Damascus, 26-28 October 2008

1. Technical Barriers to TradeFAO Regional Workshop on WTO AccessionDamascus, 26-28 October 2008 Hamish Smith Agriculture and Commodities Division

2. Historical Overview • 1979 – Tokyo Round – “Standards Code” • Set of rules for the preparation, adoption and application of regulations, standards and procedures • Plurilateral agreement • 1986-1994 – Uruguay Round – TBT Agreement • Multilateralisation (strengthening and clarification) of the Standards Code FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

3. NTBs Why an Agreement? % tariffs ? 1947 2008 FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

4. Why an Agreement? • Increasing number of technical regulations and standards • Proliferation of conformity assessment procedures • Evolution in consumer demand • Impact on trade • Creation of a framework for the use of technical regulations and standards • Balance between legitimate political imperatives and trade facilitation FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

5. Objectives • Protection of human safety or health • Protection of animal and plant life or health • Protection of the environment • Prevention of deceptive practices • Other – quality, technical harmonisation, trade facilitation FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

6. The TBT Agreement Has Wider Scope • It applies to all • technical regulations (mandatory) • standards (voluntary) • conformity assessment procedures but… • its provisions do not apply to SPS measures FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

7. Scope TBT (technical barriers to trade) SPS (sanitary and phytosanitary measures) FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

8. Key Elements • Technical regulations • like products – treatment no less favourable • Not creating unnecessary obstacles to trade • Not more trade restrictive than necessary • Taking account risk of non-fulfilment • Acceptance of equivalent technical regulations • Standards • Use international standards or relevant parts unless ineffective or inappropriate • Explanation of new regulation or if in accordance with relevant international standard, rebuttably presumed • Participation in international standardising bodies FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

9. Key Elements • Conformity Assessment Procedures • Like products – prepared, adopted and applied under conditions no less favourable – non-discrimination • Not having the effect of creating unnecessary obstacles to trade • Transparency • Notification • Consultation • Enquiry points • Applicable to government, local government bodies and non-governmental bodies FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

10. Summary of Basic Principles • Avoidance of unnecessary obstacles to international trade • Non-discrimination – MFN & national treatment • Allowing for regulatory autonomy to protect legitimate interests • Promotion of international standards – harmonisation (ISO, IEC; ITU) • Equivalence, mutual recognition, transparency • Code of good practice FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

11. Accessions & Implementation • Provision of full information on TBT measures • Complete a “checklist” for conformity of measures • Basic protocol commitment: “The representative of [x] confirmed that [x] would apply all obligations under the WTO Agreement on Technical Barriers to Trade from the date of accession without recourse to any transition period” ...but each accession unique • Transition periods for implementation? • Establishment of an enquiry point • Transparency elements (e.g. notification, consultation) • Participation in the TBT Committee FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008

12. Types of concerns raised at the TBT Committee FAO Regional Workshop on WTO Accession, Damascus 26-28 October 2008